Common use of The Shared Workforce Structure Clause in Contracts

The Shared Workforce Structure. Commented [SM5]: Some specific advice is needed on the implications (if any) of the previous strategic alliance between ELDC and BBC on the new strategic alliance 6.1 The Councils agreed at their respective meetings on XXXXXX to enter into the South East Lincolnshire Councils Partnership supported by the Shared Management Team together with such other officers as the Councils may agree in writing from time to time will form part of the Shared Workforce Structure. 6.2 The development of the South East Lincolnshire Councils Partnership and the Shared Workforce Structure is to be overseen and implemented by the Joint Chief Executive/Head of Paid Service. 6.3 The expectation is that the balance of staff employed by each Council within the Shared Workforce will remain proportionate and reflect that at the creation of the partnership and that where an officer leaves a post that is part of the Shared Workforce Structure, the Council that was his or her employer shall employ that officer’s replacement. 6.4 Staff within the Shared Workforce Structure may be employed by any one of the Councils and having been so employed shall forthwith be placed at the disposal of the Councils who are not their employer 6.5 For superannuation purposes, service rendered by an officer of one of the Councils whose services are placed at the disposal of the other in pursuance of section 113 of the Local Government Act 1972 and hence in pursuance of this Agreement is service rendered to the Council by whom he/she is employed 6.6 Any officer falling within the definition at 6.4 above shall be treated for the purposes of any enactment relating to the discharge of functions of a local authority as an officer of the other Councils and members of the Shared Workforce Structure may act and shall have powers to act under the constitutions of the Councils. 6.7 The members of the Shared Workforce Structure shall divide their time fairly and reasonably between the Councils and shall not show bias towards one Council vis-à-vis the other. This is important in order to ensure the precepts on each Council’s taxpayers do not cause gain or loss for the other Councils’ taxpayers. 6.8 The Chief Executive shall be the shared Head of Paid Service in respect of the workforce of the Councils. The Chief Executive shall lead the Shared Management Team. Attendance at and frequency of meetings, terms of reference and other matters relating to the Shared Management Team shall be at the discretion of the Chief Executive. 6.9 The Councils shall agree in writing financial arrangements as to the allocation of pension contributions including those relating to payments due in respect of the pension deficits of the Councils upon the transfer appointment to or employment of staff within the Shared Workforce Structure Two key points on Finance: 1. The basis of sharing savings will be referenced here – we are seeking external legal advice at this stage 2. Changes will be made to the drafting to reflect the fact that the percentage split of costs (which is based on population figures) will be revised when new ONS data is released.

The Shared Workforce Structure. Commented [SM5]: Some specific advice is needed on the implications (if any) of the previous strategic alliance between ELDC and BBC on the new strategic alliance 6.1 The Councils agreed at their respective meetings on XXXXXX 28th July 2021 (East Xxxxxxx District Council) and 2nd August 2021 (Boston Borough Council) and 29th July 2021 (South Holland District Council) to enter into the South and East Lincolnshire Councils Partnership supported by the Shared Management Team together with such other officers as the Councils may agree in writing from time to time will form part of the Shared Workforce Structure. 6.2 If the Councils propose to add any officers to the Shared Workforce Structure or should the Councils (or any two of them) propose to share any service including any officer or officers otherwise than under s113 of the Local Government Act 1972 after the execution of this agreement they shall prior to any such arrangements being implemented: a) Prepare a draft business case in respect of the service and officer or officers to be shared setting out inter alia the proposed legal and financial arrangements b) Refer the draft business case to the Joint Strategy Board for consideration c) Prepare a final business case, taking account of any feedback from the Joint Strategy Board, and seek approval of the same through each Council’s own decision-making governance arrangements d) Comply with all employment law requirements including but not limited to consultation with officers proposed to be shared e) Agree and sign a service level agreement setting out the terms of the arrangement including the agreed legal basis for the arrangement and the financial arrangements relating thereto 6.3 The Councils shall following the execution of this Agreement agree a standard form of service level agreement for the purposes of clause 6.2(e) above. 6.4 Notwithstanding clause 6.2 above, short term temporary arrangements for sharing an officer or officers may be authorised by the Head of Paid Service. Any such short-term arrangements shall be documented in writing by the Head of Paid Service, a copy of which shall be sent by the Head of Paid Service to the Leader of each of the Councils. 6.5 The development of the South and East Lincolnshire Councils Partnership and the Shared Workforce Structure is to be overseen and implemented by the Joint Chief Executive/Head of Paid Service. 6.3 6.6 The expectation is that the balance of staff employed by each Council within the Shared Workforce will remain proportionate and reflect that at the creation of the partnership and that where an officer leaves a post that is part of the Shared Workforce Structure, the Council that was his or her employer shall employ that officer’s replacement. 6.4 6.7 Staff within the Shared Workforce Structure may be employed by any one of the Councils and having been so employed shall forthwith be placed at the disposal of the Councils (or one of them) who are not their employer. 6.5 6.8 For superannuation purposes, service rendered by an officer of one of the Councils whose services are placed at the disposal of the other in pursuance of section 113 of the Local Government Act 1972 and hence in pursuance of this Agreement is service rendered to the Council by whom he/she is employed 6.6 6.9 Any officer falling within the definition at 6.4 above shall be treated for the purposes of any enactment relating to the discharge of functions of a local authority as an officer of the other Council or Councils and members of the Shared Workforce Structure may act and shall have powers to act under the constitutions of the Councils. 6.7 6.10 The members of the Shared Workforce Structure shall divide their time fairly and reasonably between the Councils and shall not show bias towards one Council vis-à-vis the otheranother. This is important in order to ensure the precepts on each Council’s taxpayers do not cause gain or loss for the other Councils’ taxpayers. 6.8 6.11 The Chief Executive shall be the shared Head of Paid Service in respect of the workforce of the Councils. The Chief Executive shall lead the Shared Management Team. Attendance at and frequency of meetings, terms of reference and other matters relating to the Shared Management Team shall be at the discretion of the Chief Executive. 6.9 6.12 The Councils shall agree in writing financial arrangements as to the allocation of pension contributions including those relating to payments due in respect of the pension deficits of the Councils upon the transfer transfer, appointment to or employment of staff within the Shared Workforce Structure Two key points on Finance: 1. The basis of sharing savings will be referenced here – we are seeking external legal advice at this stage 2. Changes will be made to the drafting to reflect the fact that the percentage split of costs (which is based on population figures) will be revised when new ONS data is released.Structure